Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Yavatmal v. Naresh Samirmal Kotecha And 2 Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 2791/2025 CIVIL APPLICATION (F) NO. 2791/2025 IN IN FIRST APPEAL NO. 909/2012 FIRST APPEAL NO. 909/2012 Vidarbha Irrigation Development Corporation, Yavatmal Vidarbha Irrigation Development Corporation, Yavatmal ..versus..
..versus..
Naresh Kotecha & others Naresh Kotecha & others ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Office Notes, Office Memoranda of Coram, Court's or Judge's orders Court's or Judge's orders appearances, Court's orders or directions appearances, Court's orders or directions and Registrar's orders and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri J.B. Kasat, Advocate for the Appellant(s) Shri J.B. Kasat, Advocate for the Appellant(s) Shri D.A. Sonwane, Advocate for the Respondent No. 1 Shri D.A. Sonwane, Advocate for the Respondent No. 1 Shri J.Y. Ghurde, Shri J.Y. Ghurde, AGP AGP for the Respondent/State for the Respondent/State
CORAM
CORAM:-:- M.S. JAWALKAR & RAJ D. WAKODE, JJ.
M.S. JAWALKAR & RAJ D. WAKODE, JJ.
OCTOBER 17, OCTOBER 17, .
The present Application is filed by the Appellant for clarification of the operative Paragraph No. 3 of the judgment and order dated 22/12/2020 passed by this Court in First Appeal No. 909/2012. (2) It is the contention of the Appellant that this Court modified the judgment of the learned Reference Court to that extent that the compensation for Awala trees be calculated at the rate of Rs. 2710/- per tree. Therefore, for 500 Awala trees, the total compensation payable to the Claimant would be Rs. 13,55,000/-. As such, the rate of Awala trees was reduced by this Court.
(3) The Appellant had deposited the total amount of Rs. 2,11,18,309/- which includes the enhanced compensation of Rs. 15,35,000/-. This
Court, in the operative Paragraph No. 3, directed to refund the amount to the Acquiring Body towards the difference of compensation for Awala trees along with interest of 6% per annum, in case the Respondent - Claimant has withdrawn the amount of compensation. (4) Learned Counsel for the Respondent - Claimant submitted that as the total amount of compensation was not withdrawn by the Respondent - Claimant, he will not be required to pay 6% interest to which learned Counsel for the Appellant also agrees. There are calculations filed on record by the Appellant along with Pursis dated 14/10/2025. The Appellant seeks modification of the operative Paragraph No. 3 of the judgment and order dated 22/12/2020 passed by this Court in First Appeal No. 909/2012 to include the proportionate amount of statutory benefits etc. on the amount of Rs. 1,85,000/-. (5) Though it is claimed by the Appellant that the amount to be refunded is Rs. 20,43,975/-, after due verification and calculation, the said amount comes to Rs. 6,37,570/- to which learned Counsel for the Respondent - Claimant agrees.
(6) As such, the Application is allowed. We hereby clarify that the Appellant is entitled for refund of amount of Rs. 6,37,570/- along with accrued interest thereon, if any.
(7) The Respondent - Claimant is entitled for the remaining amount of compensation along with accrued interest thereon after deducting the amount of refund.
(8) Registry is directed to take necessary steps for disbursement of the amount.
(9) The Application stands disposed of.
(RAJ D. WAKODE RAJ D. WAKODE, J.) , J.) (M.S. JAWALKAR, J.) (M.S. JAWALKAR, J.)